Legislature(2005 - 2006)HOUSE FINANCE 519
03/08/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| SB60 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 97 | ||
| = | SB 60 | ||
HOUSE BILL NO. 97
"An Act relating to the authority to take oaths,
affirmations, and acknowledgments in the state, to
notarizations, to verifications, to acknowledgments, to
fees for issuing certificates with the seal of the
state affixed, and to notaries public; and providing
for an effective date."
ANNETTE KREITZER, CHIEF OF STAFF, OFFICE OF LIEUTENANT
GOVERNOR, in response to Co-Chair Meyer, replied that she
has had a chance to read Amendment 1. She spoke in support
of Amendment 1.
Representative Kelly MOVED to ADOPT Amendment 1 as follows:
Page 8, lines 12 - 13:
Delete "may not have been incarcerated in a
correctional facility for a felony conviction within 10
years before the commission takes effect"
Insert "may not, within 10 years before the commission
takes effect, have been convicted of a felony or
incarcerated in a correctional facility for a felony
conviction"
Page 8, line 15, following "jurisdiction":
Insert "within 10 years before the commission takes
effect"
Page 8, line 16, following "may not":
Insert ",within 10 years before the commission takes
effect,"
Page 10, lines 17 - 18:
Delete "applicant has been incarcerated in a
correctional facility for a felony conviction within 10
years before the commission is to take effect"
Insert "applicant has, within 10 years before the
commission is to take effect, been convicted of a
felony or incarcerated in a correctional facility for a
felony conviction"
Page 10, line 19, following "revoked":
Insert ",within 10 years before the commission is to
take effect,"
Page 18, line 12, following "(1)":
Insert "convicted" or "conviction" means that the
person has entered a plea of guilty, guilty but
mentally ill, or nolo contendere, or has been found
guilty or guilty but mentally ill by a court or jury;
(2)"
Page 18, line 15:
Delete "(2)"
Insert "(3)"
Page 18, lines 30, through page 19, line 1:
Delete "has been incarcerated in a correctional
facility for a felony conviction within 10 years before
the notary public's term of office expires under former
AS 44.50.030"
Insert "has been, within 10 years before the notary
public's term of office expires under former
AS 44.50.030, convicted of a felony or incarcerated in
a correctional facility for a felony conviction"
Page 19, line 2, following "public.":
Insert "In this subsection, "convicted" and
"conviction" have the meanings given in AS 44.50.200."
There being NO OBJECTION, it was so ordered.
Representative Kelly MOVED to ADOPT Amendment 2, which reads
as follows:
Page 16, line 6:
Delete "Disciplinary action.":
Insert "Disciplinary action; complaint; appeal;
hearing; delegation. (a)"
Page 16, line 13:
Delete "Sec. 44.50.069. Complaint; hearing;
appeal; delegation. (a)"
Insert "(b)"
Page 16, line 18:
Delete "(b)"
Insert "(c)"
Page 16, line 23:
Delete "(c)"
Insert "(d)"
Page 16, line 31:
Delete "(d)"
Insert "(e)"
Page 17, lines 9 - 16:
Delete all material and insert:
"(f) If the lieutenant governor finds that
formal disciplinary action may be warranted, the
lieutenant governor may suspend or revoke a notary
public's commission or reprimand a notary public.
If the lieutenant governor suspends or revokes the
commission or issues a reprimand, the lieutenant
governor shall provide, by certified mail, the
notary public with a written statement of the
lieutenant governor's decision, including a
written statement of the basis for the
determination.
(g) A person who is issued a reprimand,
suspension, or revocation under (f) of this
section may appeal the reprimand, suspension, or
revocation by requesting a hearing within 15 days
after receiving the statement provided under (f)
of this section. If a hearing is requested, the
lieutenant governor shall deny or grant the
request under AS 44.64.060(b) and refer the matter
to the office of administrative hearings under
AS 44.64.060(b).
(h) The lieutenant governor may delegate the
powers under this section."
Page 17, line 29:
Delete "AS 44.50.069"
Insert "AS 44.50.068"
Page 17, line 30:
Delete "AS 44.50.069(c)"
Insert "AS 44.50.068(d)"
Vice-Chair Stoltze OBJECTED for discussion purposes.
1:46:29 PM
Ms. Kreitzer explained that Amendment 2 allows for a notary
appeal process, yet retains the lieutenant governor's
ability to take formal disciplinary action. She spoke in
support of Amendment 2.
Vice-Chair Stoltze WITHDREW his OBJECTION.
There being NO OBJECTION, Amendment 2 was adopted.
Representative Foster MOVED to report CS HB 97 (FIN) out of
Committee, as amended, with individual recommendations and
the accompanying fiscal note. There being NO OBJECTION, it
was so ordered.
CSHB 97 (FIN) was REPORTED out of Committee with a "no
recommendation" and with a previously published fiscal
impact note # 1 by the Office of the Governor.
1:49:24 PM
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